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  • kumar07
    09-12 12:05 PM
    Hi Friends,

    Here is my Situation;

    me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.

    Since we both are going for visa interview, I have few concerns regarding our cases:

    1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?

    2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?

    3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?

    4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.

    I would appreciate if anyone could help me to find any of the answers.


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  • aachoo
    04-22 12:51 PM
    This is literally word for word the RFE I got. Basically an employment verifications. I did not use AC21, no job changes, no nothing. Attorney aid it was normal and responded in 2 days.

    My lawyer got the RFE notice yesterday....

    USCIS requesting the following...
    1. Dated letter from employer detailing job duties and position
    2. Your proffered position if different from current one
    3. Date I began employment and current salary
    4. Letter must be signed by executive officer of the company
    5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

    They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.

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  • Canadian_Dream
    11-30 05:51 PM
    Document mailed for I-131 means actual Advance Parole document is mailed.For I-485 it could be RFE, based on what is written below the status. Like we have requested additional evidence etc.


    Does the status 'Document mailed to applicant' mean a RFE?.:eek:

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  • waitforgc1
    05-07 03:34 PM
    They are not random. The do have some logic.

    At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.

    THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
    and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD



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  • MannyD
    10-03 02:32 PM
    I can't imagine why people do not want to give whatever I-94 they had collected between two trips out of US. NOt sure of the rules, but the common procedure is to surrender original I-94 AND the ones you got with each H1B. I haven't heard so far that I-94's not returned gained monetary value on ebay or people could use them for anything else. For me, I see surrendering all of them as one ( or some) more document(s) not to worry about.

    I feel returning more than one I94 carries its own risks. Who takes it from you? - The airline representative who simply rips off these and shoves it in a cardbox box. By some chance if the newer I94 is overlooked by anyone and a older I94 that also surrendered is entered in your immi records, I'm sure you'd rue that day! Yes, keeping a copy of that I94 is good, but why not prevent the issue at POS?

    Gurus, is there any requirement to surrender ALL I94s?

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  • bsbawa10
    04-11 06:09 AM
    I always did paper filing. I have done it third time this time. Incidently, the first two times the EAD approval came in about 17 days but this time, it has already been 15 days and I have not received the receipt even. The check was withdrawn on the 13th day.


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  • jasmin45
    10-03 02:24 PM

    Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.

    Below is the summary FYI only.

    1. Expect further retrogressions on the visa bulletins

    2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July

    3. Do not expect premium processing to be re-instated for I-140s for a while

    4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.

    5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not

    6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting

    7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.

    8. Backlog Elimination Centers (BEC) should be up to date in one month

    9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.

    10. 20% of PERM cases are being denied

    11. Atlanta’s motions for reconsiderations should be processed faster soon

    12. New PERM form on March 28, 2008

    13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.

    14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.

    15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!

    16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.

    17. The US consulates and CBP are Googling you!

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  • calgirl
    08-20 03:52 PM
    When was this initiated and when was it cleared?

    I got name check information atlast today. Its cleared
    Still waiting for GC Approval. God knows when it will get approved.

    Labor Priority Date: May 24, 2006
    I -140 Approved: Oct 2006
    I-485 RD July 2, 2007
    I-485 ND Aug 27, 2007 with SRCXXXXXXX


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  • BharatPremi
    07-27 02:37 PM
    After EAD is approved, H4 can work anywhere in any job.

    O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

    Now real question should be "Should I use EAD or Should I be on H1/H4?"

    If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.

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  • martinvisalaw
    06-29 10:32 AM
    You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94.


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  • GCDelay
    11-30 03:43 PM

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  • whiz
    11-19 06:14 PM
    Depends on a lot of factors. My Sister in law, who in 24 yrs, working in India (for less than a year) and applied for Visitors visa and got it. There could be several factors that helped her.

    1. She is coming for her sister's graduation.
    2. She went for VISA stamping with her parents. (not sure if helped but I think it did)
    3. She is non-IT and had her paychecks.
    4 Consulate?? (she went to Hyderabad consulate).

    My advice. There is luck factor. Get your documentation right and hope for the best.


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  • aj1234567
    12-21 12:40 PM
    Can any body please tell me how to start new thread in this forum..


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  • ags123
    07-26 12:40 PM
    spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.

    So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.

    Fingers crossed


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  • amsgc
    03-31 02:53 PM
    I have a somewat similar situation, here goes:

    Myself: "Resident Alien for Tax purposes" for 2007.

    My wife: Before we got married last year, she was on J1 (> 6 months)
    Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.

    The 1040 instructions ( state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).

    My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.

    You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.

    If others have dealt with a similar situation, please advise.



    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?

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  • raysaikat
    07-08 12:10 PM
    You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
    If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
    For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).

    I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.


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  • zCool
    03-29 01:13 PM
    This is called RFE. If it's the "BIG RFE"
    they are nowadays asking for pretty much EVERY SINGLE PIECE of RECORD for past 3 yrs.
    All wage reports for ALL Employees, W2s for All employees, Client letters,
    Tax returns and whatever else they can think of. If you've gotten one of those BIG RFEs . then it may take some time

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  • abhijitp
    01-20 05:59 PM
    Thanks everyone who showed up. We actually did better than we had expected.

    A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.

    Go NORCAL, go IV!

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  • VDaminator
    06-05 04:29 PM
    Aright here ya go

    01-10 04:46 PM
    I prefer your theory to Infopass officer. Sincerely hope you are right because Name check is not where i want to be stuck in.

    So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.

    The two processes Name check & FP are parallel, not sequential.

    I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)

    USCIS works in strange ways...i may be using logic that's beyond their IQ :)

    Take it easy...

    12-21 08:41 PM
    NRI Investing in Stocks India:
    Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.

    I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.

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